>> jon: laura ingle, thanks. california is a step closer to carrying out the death penalty for the first time in four years. a federal judge saying executions can continue. now that the state has changed its procedures. the same judge put lethal injections on hold in 2006 amid concerns the process was cruel and unusual punishment. since then, the state has built a new death chamber and updated its regulations. convicted killer and rapist albert brown set to be put to death there next week but he can still appeal to federal and county courts. just over three months until the bush tax cuts are set to expire but some democrats want to wait until after election day to vote on whether to extend them. critics calling that gutless and even undemocratic. we're live in d.c. on the top story at the bottom of the hour. lindsay lohan back in the cube and back in court today. a judge deciding whether to send her back to jail after her latest run-in with the law. ♪ i fought the law ♪ and the law won. [ female announcer ] y